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A stay-of-execution from demolition

But 13 Stuart could still get demolished
20170512 13Stuart ro
13 Stuart Street does have some protection from demolition, but it is tenuous. Rob O'Flanagan/GuelphToday

An important historical and architecturally unique home on Stuart Street has some protection from the wrecking ball, according to Guelph city councillor Leanne Piper. Piper is noted as the heritage expert on council.  

But there is now a sense of urgency to designate 13 Stuart as a heritage property so that it can’t be demolished, she said. A Heritage Guelph report and recommendation will come before council on May 23.

The building, she said, is on the city’s heritage register, and that gives it a kind of stay-of-execution from demolition, she said.  

“Under the Ontario Heritage Act, a property that is listed on the Municipal Register of Cultural Heritage Resources, which 13 Stuart is, has a stay-of-execution,” Piper said. “That is the case for any property or structure that is of interest for cultural heritage value.”

The provision gives the city 90 days to designate any property on the list as a protected heritage property whenever an application for a demolition permit is received.  

“The owner has to apply for a demolition permit,” she said. “He can’t demolish without a permit. If he does, he is in violation of the bylaw.”

Demolition without a permit comes with a hefty fine of up to tens of thousands of dollars.

For several months the stately house on the hill near St. George’s Park has been a worrisome subject for many in the neighbourhood, and for local heritage advocates.

The home sold last year to John and Pam Rennie, who live in a mansion next door to the property at 21 Stuart. The Rennies did not respond to a GuelphToday.com request for an interview on the subject of property on Thursday. On Friday, John Rennie said the matter was being dealt with, and he would offer no further comment on the subject at this time.   

The Rennie name is known for a major shirt manufacturing plant once operated in Guelph by the family. John and Pam Rennie are known for their philanthropic efforts. 

The assessed value of what is known historically as the Cutten House was $1.25 million in 2016. Shortly after taking possession, a Kieswetter Demolition Ltd. crew arrived with construction bins and stripped the interior of the house down to the boards.

Piper said there is a public record of a complaint filed against the work for “suspected demolition without a permit” dating back to Sept. 27 of last year.

She has been hearing concerns about 13 Stuart for several months. Many, particularly St. George’s Park residents, are worried the building will be destroyed. Some believe demolition is planned in order to extend the Rennies’ flower garden.

City inspectors were alerted to the work back in late September of last year, Piper said.

“The neighbours were up in arms, saying the dumpsters were there and Kieswetter was there,” Piper said. “Kieswetter is a demolition company that should, as a professional company, know that they need a permit to carrying out that type of work.”

When architectural elements are being removed from a structure’s interior a permit is required, she explained.

Work was halted last September, and no work has been done since. But it took until May 10 for the city to post a cease construction/demolition order on the property. Piper agreed there had been a significant delay in the city taking action on the matter.

According to city documentation provided by Piper, Kiesmetter is fully aware that no further demolition work is permitted on the site, and the Kitchener-based company has not been contracted to do any further work. Ongoing inspections have been conducted, and no further work has been done.

“What I do know is that city staff has reached out to the owners on four separate occasions, but they have not been returning those emails,” Piper added. “It is very difficult to find out what the intentions of the owners are.”

The owners of 13 Stuart have not applied for a demolition permit, although there is evidence that demolition inquiries related to the property have been made.

“It appears that is their intent, but they haven’t actually applied for a permit,” Piper said. “My understanding from Heritage Guelph is that they are bringing a report on this to council on May 23 and that their recommendation will be to designate.”

Piper said there is no doubt the property should be protected, not just for its architectural significance, but for the story it tells, its landscape, building materials and construction.

Susan Ratcliffe, a local heritage advocate, said neighbours on Stuart Street are “furious” about what has happened so far with 13 Stuart. There is collective worry that the building could get demolished before the May 23 council meeting.  

“I was flabbergasted to think that somebody would knock down a building because it was in the way of a tulip garden or a swimming pool,” she said. “Those houses in that neighbourhood, each one is worthy of designation, and especially anything connected with the Cutten family.”

Having a property designated as heritage takes a lot of time and money, she said. Much research is required, and it is expensive to draft the necessary reports.

Ratcliffe was with Heritage Guelph for ten years and ended her tenure two years ago. There were up to 100 properties on the heritage waiting list at that time.  


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Rob O'Flanagan

About the Author: Rob O'Flanagan

Rob O’Flanagan has been a newspaper reporter, photojournalist and columnist for over twenty years. He has won numerous Ontario Newspaper Awards and a National Newspaper Award.
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